Mubarak v Mubarik [2006] EWHC 1260 (Fam)

This is a judgment in a long running ancillary relief case concerning enforcement of lump sum and periodical payment orders where the applicant was alleging that the respondent was wilfully refusing to pay.

The case is novel in the discussion generated concerning the applicants use of the ‘Hadkinson‘ principle to try and prevent the husband from being heard on the grounds that he is in contempt of court. Bodey J’s judgment considers how the Hadkinson principle can be used in such circumstances and the standard of proof required – civil or criminal – to confirm the contempt.